HomeMy WebLinkAboutROI NO 1314RESOLUTION OF INTENTION NO. 1314
A RESOLUTION DECLARING INTENTION TO ESTABLISH
TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-9,
(GOSFORD VILLAGE) PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE
PROPOSED DISTRICT, THE FAIRNESS OF THE BENEFIT
FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE
LEVIED AGAINST EACH PARCEL.
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for an alternative procedure by which the City Council may provide for
the payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the several lots or parcels of property within the
maintenance district established therefore; and
WHEREAS, the owner has requested three traffic signals on Gosford Road
between Pacheco Road and Harris Road at the entrances to his proposed development;
and
WHEREAS, said traffic signals are not required by the Traffic Authority and
are therefore considered "convenience" traffic signals; and
WHEREAS, City Council Resolution No. 161-94 provides for the collection of
maintenance and operating costs for "convenience" traffic signals, to be paid for by
properties benefiting from such signals, through maintenance districts; and
WHEREAS, the owner has requested the City Council to establish a
maintenance district in accordance with the procedures established therefore by Chapter
13.04 of Title 13 of the Municipal Code of the City of Bakersfield and the Public Works
Director recommends such formation; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield to
order the establishment of a maintenance district, which district shall be designated
Maintenance District No. TS-9, (Gosford Village), generally described in Exhibit "A" attached
hereto, to maintain and operate the local improvements including three traffic signals; and
WHEREAS, the Public Works Director has on this date filed with the Clerk of
said Council his Report, attached hereto and incorporated herein by reference as Exhibit
"1", containing the following:
(a)
a description of property in the proposed maintenance district, attached
hereto as Exhibit "A" and incorporated as though fully set forth;
(b)
the improvements to be maintained by this district specifically are three
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traffic signals adjacent to the property within the boundaries as shown
on Map and Assessment Diagram for Traffic Signal Maintenance
District No. TS-9 (Gosford Village), Exhibit "B", on file in the offices of
the City Clerk and Public Works Director of the City. All such
improvements will be constructed only after plans therefore have been
filed with and approved by the City Engineer;
(c) the Benefit Formula set forth as Exhibit "C";
(d) a Budget, Exhibit "D," containing the matters specified in Section
13.04.120 of the Bakersfield Municipal Code; and
(e)
the amount of assessment to be levied against each parcel (not to
exceed $3,000 per signal per parcel), attached hereto as Exhibit "E"
and incorporated as though fully set forth; and
WHEREAS, the City of Bakersfield has received a letter from the owner which
waives any and all hearings (whether pursuant to the Brown Act, Proposition 218, its
enabling legislation, the Bakersfield Municipal Code, or any other law) concerning the
formation of and assessments for a traffic signal maintenance district. The owner has
submitted a Proposition 218 Ballot (Official Assessment Ballot) indicating his consent to the
assessments.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the boundaries so specified
and described is the district benefiting from said local improvements; that the expense of
maintaining and operating said improvements is hereby made assessable upon said district;
and that the exterior boundaries of said district are hereby specified and described to be as
shown on that certain map now on file in the Office of the City Clerk of the City of
Bakersfield and in the Office of the Public Works Director, marked Exhibit "B", attached
hereto and incorporated in this resolution as though fully set forth herein, entitled "Map and
Assessment Diagram for Traffic Signal Maintenance District No. TS-9, (Gosford Village)
Bakersfield, California," for Fiscal Year 2003-2004, which map indicates by a boundary line
the extent of the territory included in said proposed district and shall govern for all details as
to the extent of the maintenance district.
3. The City Council hereby reserves the right to perform the work of
maintenance and operation of the public improvements by City forces, such determination
and election to be made for each year at the time the budget and assessment is approved
for the year in question.
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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof held on
SFP 1 0 ?na.~ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Officio//~lerk of the
Council of the City of Bakergfield
APPROVED SEP 10 2003
APPROVED as to form:
BART J. THILTGEN
City Attorney
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Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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ORiCilI~4AL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
TRAFFIC SIGNAL MAINTENANCE DISTRICT NO. TS-9
(GOSFORD VILLAGE)
Fiscal Year 2003-2004
City of Bakersfield, Maintenance District No. TS-9 (Gosford Village), is
generally described as a district bounded by Pacheco Road on the north, Gosford Road
on the east, Harris Road on the south and a line 1/4 mile west of Gosford Road on the
west and as specifically shown on Map and Assessment Diagram marked Exhibit "B,"
attached hereto and incorporated herein by reference as though fully set forth, as a
district within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal
Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the
Public Works Director makes and files this Report and proposed assessment of and
upon all pareeis of property within the district for the cost of maintaining and operating
three traffic signals located on Gosford Road, between Pacheco Road and Harris
Road, at the entrances to the shopping center. The assessment includes the cost to
operate, maintain, repair and replace signal poles, mast arms, signal heads, controllers,
cabinets, machine vision detection systems, street light luminaires, conduits, wires and
pull boxes, energy costs, supervision and any and all other items necessary for the
proper maintenance and operation thereof.
Developers often request permission to install traffic signals on major
streets to enhance access to their development. These "convenience" traffic signals
are not required by the Traffic Authority to regulate traffic flow, but are installed solely at
the discretion of the developer. Such signals do not provide a general public traffic
benefit.
Under the "user pay" concept, the private property deriving benefits should
bear the costs of maintenance and operation of convenience traffic signals. On
September 28, 1994 the City Council approved Resolution 161-94 instituting the
collection of maintenance and operating costs for future convenience traffic signals
through maintenance districts.
The traffic signals that will be operated and maintained under the
proposed maintenance district will benefit the shopping center on the west side of
Gosford Road between Pacheco Road and Harris Road. Each parcel will be assessed
a proportional share of the cost of maintaining and operating the traffic signals. The
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benefit formula is set forth herein as Exhibit "C" and attached hereto and incorporated in
this resolution as though fully set forth herein. The estimated annual cost for
maintenance and operation of each traffic signal shall not exceed $3,000. All parcels
within this district will have a zero assessment for the 2003-2004 fiscal year. Any costs
incurred in the 2003-2004 fiscal year will be carried over to the 2004-2005 fiscal year.
NOW THEREFORE, I, RAUL M. ROJA$, Director of Public Works of the City of
Bakersfield, by virtue of the power vested in me and the order of the Council of said
City, hereby submit the Fiscal Year 2003-2004 Budget and Assessment Roll as set forth
in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as
though fully set forth, upon all parcels of property within Maintenance District No. TS-9,
(Gosford Village), subject to be assessed to pay the cost of maintenance and operation
in said district.
Dated:
RAUL ~
Director of Public Works
City of Bakersfield
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MAINTENANCE DISTRICT TS-9
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 20, T 30 S, R 27 E, M. D. B. & M., and more particularly
described as follows:
Parcel Map No. 10465, Phase A, Parcels 1, 2, 3 and 4, recorded December 24,
2002 in Book 52, Page 149 of Maps in the office of the Kern County Recorder.
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EXHIBIT "A"
MAE' AND ASSESSMENT DIAGRAM
FOR TRAFFIC SIGNAL
MAINTENANCE DISTRICT NO. TS-9
GOSFORD VILLAGE
BAKERSFIELD, CALIFORNIA
PARG[L 1
PART
PARCEL 3
PARCEL 3
PANAMA LANF
EX~BIT 'B~
MAINTENANCE DISTRICT TS-9
(Gosford Village)
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel shall be assessed a percentage of the total operating and maintenance
cost proportional to the trips generated by that parcel, adjusted for prior year fund
balance or deficit.
The amount to be assessed to each parcel is calculated as follows:
(1) Calculate the total number of trips generated by each building using the City
Average Daily Trips (ADT) rates.
(2) Add the total number of trips (1) of all buildings in each parcel.
(3) Add the total number of trips (2) of all buildings in all parcels.
(4) Divide the total number of trips of each parcel (2) by the total number of trips in
all parcels (3). This is the proportionate share of the total assessment for each
parcel.
(5) Multiply the result of (4) times the total cost of the district for each parcel. This is
the amount to be assessed to each parcel.
Assessment amounts could vary substantially during the initial development within the
district. Since only the developed parcels will generate traffic using the signalized
intersection, those parcels will be responsible for the entire cost. The maximum yearly
assessment for all property within Traffic Signal Maintenance District No. TS-9 (Gosford
Village) shall not exceed $3,000 per traffic signal.
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EXHIBIT "C"
EXHIBIT "D"
TRAFFIC SIGNAL MAINTENANCE DISTRICT
TS-9 (Gosford Village)
Said assessment is made in accordance with the benefit formula attached hereto.
2003-2004
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance/(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$o.oo
$0.00
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EXHIBIT "D"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. TS-9
(Gosford Village)
FISCAL YEAR 2003-2004
Assessor's Parcel No.
497-130-19-00-6
497-130-20-00-8
497-130-21-00-1
497-130-22-00-4
Total
Date:
Total
Assessment
$0.00
$0.00
$0.00
$0.00
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 11th day of September , 2003 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1314 .passed by the Bakersfield City Council at a meeting held on the
10th day of September 2003, and entitled:
A RESOLUTION DECLARING INTENTION TO ESTABLISH
TRAFFIC SIGNAL MAITENANCE DISTRICT NO. TS-9,
(GOSFORD VILLAGE) PRELIMINARILY ADOPTING,
CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDAIRES OF THE
PROPSOED DISTRICT, THE FAIRNESS OF THE BENEFIT
FORMULA, AND THE AMOUNT OF ASSESSMENT TO
LEVIED AGAINST EACH PARCEL.
Is~ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
Deput~ City Clerk / ~